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Madras High CourtCRL OP(MD)/23505/2025allowed

Thanga Ganesh v. The State Of Tamilnadu Rep.By

2025-12-19Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.23505 of 2025 1.Thanga Ganesh 2.Nataraj ... Petitioners / Accused Vs.

1.The State of Tamilnadu, Rep. by The Deputy Superintendent of Police, Thoothukudi Town, Thoothukudi District.

2.The State of Tamilnadu, Rep.By. The Inspector of Police, Thazhamuthunagar Police Station, Thoothukudi District.

(Cr.No.803 of 2025) ... Respondent Nos. 1 and 2 / Complainants

3. Vasanth ... Respondent No.3 / De facto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Learned Special Court for Exclusive Trial of Cases under SC/ST Act Cases (PCR Court), Thoothukudi, to accept the surrender of the Petitionres/rank not known in connection with the case in Crime No.803 of 2025 on the file of the 1/5

2nd respondent police and to consider their bail application on the same day of surrender.

For Petitioner : Mr.S.Vishnuvardhan For R-1 & R-2 : Mr.P.Kottaichamy, Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed to direct the learned Special Court for Exclusive Trial of Cases under SC/ST Act Cases (PCR Court), Thoothukudi, to accept the surrender of the Petitionres/rank not known in connection with the case in Crime No. 803 of 2025 on the file of the 2nd respondent police and to consider their bail application on the same day of surrender.

2. Considering the nature of the relief sought for, notice to the 3rd respondent is dispensed with.

3. The case of the prosecution is that the petitioner and others, accompanying the local MLA, were removing rainwater from the de facto complainant's area. When the de facto complainant requested them to build a wall to prevent water stagnation, a quarrel ensued, 2/5

leading to the petitioner and others abusing him with caste name and attacking him. Based on these allegations, an FIR has been registered against the petitioner.

4. Heard the learned counsels on either side and carefully perused the materials available on record.

5. Considering the limited scope of the relief sought for, this Court hereby direct the Judge, the Special Court for Exclusive Trial of Cases under SC/ST Act Cases (PCR Court), Thoothukudi, to issue prior notice to the de facto complainant and thereafter to consider the bail application of the petitioners on the same day of their surrender before that Court in connection with crime No.803 of 2025 on the file of the 2nd respondent police.

6. Accordingly, this Criminal Original Petition is disposed of. 19.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Sml 3/5

To 1.The Judge, the Special Court for Exclusive Trial of Cases under SC/ST Act Cases (PCR Court), Thoothukudi.

2.The Deputy Superintendent of Police, Thoothukudi Town, Thoothukudi District.

3.The Inspector of Police, Thazhamuthunagar Police Station, Thoothukudi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.

Sml CRL OP(MD)No.23505 of 2025 19.12.2025 5/5